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Board of the national bank of ukraine




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BOARD OF THE NATIONAL BANK OF UKRAINE


RESOLUTION


# 451 as of 16 November 2000

Kyiv

vd20001116 vn451


Registered

at the Ministry of Justice of Ukraine

on 24 November 2000

# 859/5080


On Approval of the Rules

of Disclosure of Information and Documents by Banks upon Written Request of

Chief Officers of Appropriate Anti-Organized Crime Units


In order to fulfill the requirements set forth in Paragraphs "b", "e", Item 2, Article 12, also Paragraph "a", Item 4, Article 18 of the Law of Ukraine "On the institutional and legal principles of combating the organized crime" (3341-12), also pursuant to Article 52 of the Law of Ukraine "On the banks and banking activity" (872-12), to ensure the detection and prevention of organized criminal activity and the conditions that encourage it, the Board of the National Bank of Ukraine

R E S O L V E S:


1. To approve the Rules on submitting by banks the information and materials as requested in writing by heads of special anti-organized crime units concerned (hereinafter referred to as the Rules).

2. The Department for prudential supervision (Zinchenko V.O.), the Department for currency control and licensing (Bragin S.O), other independent structural divisions and territorial boards of the National Bank of Ukraine shall ensure the detection of violations of the laws in force pertaining to combating the organized crime on the part of banks and calling the guilty persons to account.

3. To make banks strictly and timely fulfill the written requests of heads of special anti-organized units concerned pertaining to submission of information and documents pursuant to the Rules.

4. This Resolution enters into force after 10 days after its official registration at the Ministry of Justice of Ukraine.

5. After official registration, director of the Administrative department Vrublevsky V.V. shall bring the substance of this Resolution to the notice of independent structural divisions of the National Bank of Ukraine, the Crimean Republican, territorial, Kyiv and Kyiv region boards of the National Bank of Ukraine, and commercial banks.

6 Control over fulfillment of this resolution shall be exercised by Deputy head Krotyuk V.L., Department for prudential supervision (Zinchenko V.O.), Department for currency control and licensing (Bragin S.O.) and heads of territorial boards of the National Bank of Ukraine.


Approved by

Resolution of

Board of the National

Bank of Ukraine

16 November 2000 # 451


Registered at the Ministry

Of Justice of Ukraine

On 24 November 2000

No 859/5080


Rules

of Disclosure of Information and

Documents by Banks upon Written Request of
^

Chief Officers of Appropriate Anti-Organized Crime Units



1, General provisions


1.1. These Rules define the procedure for submitting by banks the information and documents about operations, accounts, deposits of physical entities, according to which the cases are investigated by interior law enforcement bodies and the Security Service of Ukraine, and legal entities as well.

These Rules cover the information relations in the sphere of combating the organized crime between banks and special anti-organized crime units of interior law enforcement bodies and Security service of Ukraine.

1.2. Information and documents specified by these Rules are the documented data on paper or other media pertaining to operations, accounts and deposits of bank clients and correspondents.

1.3. Chief goals of these Rules are as follows:

to create favorable conditions in the sphere of combating the organized crime aimed at its prevention and liquidation;

to help banks fulfill their duties on submitting the information and documents to special anti-organized crime units of interior law enforcement bodies and the Security Service of Ukraine as requested in writing by their heads pursuant to the laws that regulate the relations in the sphere of combating the organized crime.

1.4 Special anti-organized crime units of interior law enforcement bodies and the Security Service of Ukraine receive the information and documents from banks according to the procedure and powers set forth by the laws in force of Ukraine.


2. Procedure for submitting by banks the information and documents to special anti-organized crime units of the interior law enforcement bodies and Security service of Ukraine


2.1. Information and documents pertaining to operations, accounts, deposits of physical and legal entities are submitted by banks to special anti-organized crime units of interior law enforcement bodies and the Security Service of Ukraine as requested in writing by their heads or the persons acting for them.

Banks provide information to special anti-organized crime units of interior law enforcement bodies and the Security Service of Ukraine only about the operations, accounts, deposits of their own clients and correspondents.

The documents that are being circulated or kept at the bank's files shall be submitted to special anti-organized crime units of interior law enforcement bodies and the Security Service of Ukraine in the form of the copies certified in accordance with the established procedure.

2.2. The request in writing shall be understood as the letter of relevant anti-organized crime unit with the request for submitting the information and documents about operations, accounts, deposits of physical and legal entities; such letter shall be written on the official form of a unit, it shall be properly registered, indicate the legal reasons for request and signed by unit head or the person acting for him.

2.3. Information and documents about operations, accounts, deposits of physical and legal entities shall be submitted by banks immediately; provided this is impossible, they shall be submitted within 10 days. Banks shall inform a relevant special anti-organized crime unit of interior law enforcement bodies and the Security Service of Ukraine about impossibility to immediately submit information and documents at their request.

Information and documents about operations, accounts, deposits of clients and correspondents shall be submitted to special anti-organized crime units of interior law enforcement bodies and the Security Service of Ukraine only if they are signed by a bank manager or a person acting for the manager according to the established procedure.

2.4. Bank managers shall provide circulation of documents as requested in writing by heads of relevant special anti-organized crime units and keeping the records (on paper and other media) of requested information and documents by authorized employees; bank managers shall also appoint the employees that will have access to such information and documents.

2.5. According to the laws of Ukraine, banks have the right to appeal against the actions of personnel of special anti-organized crime units of interior law enforcement bodies and the Security Service of Ukraine in case banks consider such actions as legally improper.

Deputy Director of

Legal Department V.A Sennikov

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